Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Employee can't work overtime because of health Michigan Michigan

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Employee can't work overtime because of health Michigan Michigan

    I manage a small company in Detroit with under 10 employees. Every so often we require overtime to get our jobs out the door to our clients on time.

    I have an employee of 7 years who has begun to refuse overtime because of health reasons. We give our employees 6 paid sick days per year, and over the last couple of years this employee has gone through those in the firs 3 months and then called in sick 6-10 more times throughout the year.

    I have recently needed this employee to work overtime, but she has refused. Am I at risk of a lawsuit if I fire this employee for not coming to work, even if she has a Dr.'s note that she shouldn't work more than 40 hours a week?

  • #2
    NOT my area of expertise. I can say that the potential issue is the Americans with Disabilities Act (ADA).
    http://en.wikipedia.org/wiki/America...es_Act_of_1990
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Agree with DAW. What are the "health reasons"?

      Since your company is not subject to the FMLA, her doctor's note has no force in law.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        If there are under 10 employees, the ADA does not apply either. The ADA has a floor of 15 employees.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Michigan discrimination laws in employment (including disability-physical or mental) apply to employers with one or more employees.

          The Mi. Dept. of Civil Rights enforces.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Of course, until the OP comes back with the answers about what "health reasons" the employee is claiming, we can't form an opinion as to whether or not the disability discrimination law Betty3 referenced applies.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Agree, as DAW noted, it's a potential (possible) disability discrimination issue. (though not under the ADA but state law)
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Which raises a good point. The starting point is to always find out what the applicable federal law (if any) is, and read those rules. States cannot make federal law go away, so any applicable federal law always acts like a "floor". It is always important knowing just what federal law (if any) says on a particular issue.

                But past that point, states can and sometimes do have rules more favorable to the employee. If you can find the correct federal law, you can sometimes find the state rules (if any) by Googling both the federal law and the state name together.

                One last point. Federal law is the same for all states, but state law is not. That is another way of saying that there are a lot more responders familar with federal law then the law of any particular state. Most responders tend to be a lot more familar with the law of a small number of states (maybe just one), then they are with all of the other states. It is a lot easier for state specific law to be missed then it is for federal law to be missed.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X